An article to regulate the outdoor application of fertilizer
so as to reduce the overall amount of excess nutrients entering waterways,
thereby helping to protect and improve surface water quality. This
article does not apply to fertilizer application on commercial farms.
Elevated levels of nutrients, particularly phosphorus, in surface
water bodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). Excessive plant growth can result
in diurnal variations and extremes in dissolved oxygen and pH, which,
in turn, can be detrimental to aquatic life. As algae and plant materials
die off, the decay process creates a further demand on dissolved oxygen
levels. The presence of excessive plant matter can also restrict use
of the affected water for recreation and water supply. While healthy
vegetated areas are protective of water quality by stabilizing soil
and filtering precipitation, when fertilizers are applied to the land
surface improperly or in excess of the needs of target vegetation,
nutrients can be transported by means of stormwater to nearby waterways,
contributing to the problematic growth of excessive aquatic vegetation.
Most soils in New Jersey contain sufficient amounts of phosphorus
to support adequate root growth for established turf. Over time, it
is necessary to replenish available phosphorus, but generally not
at the levels commonly applied. Other target vegetation, such as vegetable
gardens and agricultural/horticultural plantings, will have a greater
need for phosphorus application, as will the repair or establishment
of new lawns or cover vegetation. A soils test and fertilizer application
recommendation geared to the soil and planting type is the best means
to determine the amount of nutrients to apply. Timing and placement
of fertilizer application is also critical to avoid transport of nutrients
to waterways through stormwater runoff. Fertilizer applied immediately
prior to a runoff-producing rainfall, outside the growing season,
or to impervious surfaces is most likely to be carried away by means
of runoff without accomplishing the desired objective of supporting
target vegetation growth. Therefore, the management of the type, amount
and techniques for fertilizer application is necessary as one tool
to protect water resources. This article does not apply to application
of fertilizer on commercial farms, but improper application of fertilizer
on farms would be problematic as well. Stewardship on the part of
commercial farmers is needed to address this potential source of excess
nutrient load to water bodies. Commercial farmers are expected to
implement best management practices in accordance with conservation
management plans or resource conservation plans developed for the
farm by the Natural Resource Conservation Service and approved by
the Soil Conservation District Board.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
BUFFER
The land area, 25 feet in width, adjacent to any water body.
COMMERICAL FARM
A farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
FERTILIZER
A fertilizer material, mixed fertilizer or any other substance
containing one or more recognized plant nutrients, which is used for
its plant nutrient content, which is designed for use or claimed to
have value in promoting plant growth, and which is sold, offered for
sale, or intended for sale.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water. This term
shall be used to include any highway, street, sidewalk, parking lot,
driveway, or other material that prevents infiltration of water into
the soil.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
PHOSPHOROUS FERTILIZER
Any fertilizer that contains phosphorus, expressed as P2O5,
with a guaranteed analysis of greater than zero; except that it shall
not be considered to include animal (including human) or vegetable
manures, agricultural liming materials, or wood ashes that have not
been amended to increase their nutrient content.
WATER BODY
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay or estuary.
No person may do any of the following:
A. Apply fertilizer when a runoff-producing rainfall is occurring or
predicted and/or when soils are saturated and a potential for fertilizer
movement off site exists.
B. Apply fertilizer to an impervious surface. Fertilizer inadvertently
applied to an impervious surface must be swept or blown back into
the target surface or returned to either its original or another appropriate
container for reuse.
C. Apply fertilizer within the buffer of any water body.
D. Apply fertilizer more than 15 days prior to the start of or at any
time after the end of the recognized growing season (March 1 through
November 15).
No person may do the following:
A. Apply phosphorus fertilizer in outdoor areas.
B. Exceptions.
(1) Application of phosphorus fertilizer needed for:
(a)
Establishing vegetation for the first time, such as after land
disturbance, provided the application is in accordance with the requirements
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq., and implementing rules;
(b)
Re-established or repairing a turf area.
(2) Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soils surface, directly to the feeder roots.
(3) Application of phosphorus fertilizer to residential container plantings,
flower beds, or vegetable gardens.
All police officers of the Borough, the Superintendent or authorized
designee, the Borough Engineer, the Zoning Officer, or other duly
authorized employees of the Borough are hereby given full power and
authority and are charged with the duty to enforce the provisions
of this article.
Any person or persons, firm, association or corporation violating any of the provisions of this article shall be subject, upon conviction, to the penalties provided in §
1-15 of this Code.